Young v. Dugger
New Mexico Supreme Court
Appeal from District Court, Lincoln County; Medler, Judge. Condemnation proceeding by Hal Young and another against Waverly G. Dugger. From a judgment dismissing the petition, plaintiff’s appeal. Right of eminent domain may be exercised to obtain easement over lands for ditch purposes. Sec. 5656, 2098, Code 1915. Condemnation is purely statutory, and property must be taken for a public use only. Leyba v. Armijo, 11 N. M. 441; Albuquerque L. & Irr.
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Appeal from District Court, Lincoln County; Medler, Judge. Condemnation proceeding by Hal Young and another against Waverly G. Dugger. From a judgment dismissing the petition, plaintiff’s appeal. Right of eminent domain may be exercised to obtain easement over lands for ditch purposes. Sec. 5656, 2098, Code 1915. Condemnation is purely statutory, and property must be taken for a public use only. Leyba v. Armijo, 11 N. M. 441; Albuquerque L. & Irr. Co. v. Gutierrez, ■10 N. M. 237; Albuquerque v. Garcia, 17 N. M. 450; Fallbrook Irr. Dist. v. Bradley, 41 L. Ed. 389.; Sweet v. Rechel, 40 L. Ed…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
This is an appeal from the district court of Lincoln county by Hal Young and James N. Baskin from a judgment of the court dismissing their petition for condemnation of certain lands of the appellee, Waverly G. Dugger.
The petition alleged facts showing that the appellants were desert entrymen under the laws of the United States of certain land, and that the appellee was in possession of another .tract of land under the homestead laws of the United States; that the appellants were the owners of an irrigation ditch heading and /-tapping the waters of Nogal creek,…
2Cases cited1 opinion
- City of Albuquerque v. GarciaNew Mexico Supreme Court · 1913
3Cited by7 opinions
- Kaiser Steel Corporation v. WS Ranch CompanyNew Mexico Supreme Court · 1970
- W. S. Ranch Company, a New Mexico Corporation v. Kaiser Steel Corporation, a Nevada CorporationCourt of Appeals for the Tenth Circuit · 1968
- Himonas v. Denver & R. G. W. R. Co.Court of Appeals for the Tenth Circuit · 1949
- Threlkeld v. Third Judicial District CourtNew Mexico Supreme Court · 1932
- Board of County Com'rs of Dona Ana County v. SykesNew Mexico Supreme Court · 1964
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